Date: 02/19/2009

Final
BILL SUMMARY for SB09-163

SENATE COMMITTEE ON EDUCATION

Votes: View--> Action Taken:
Moved a conceptual amendment to the bill changing
Moved amendment L.001 (Attachment H). The motion
Moved amendment L.002 (Attachment I). The motion
Moved amendment L.003 (Attachment J). The motion
Moved amendment L.004 (Attachment K). The motion
Moved amendment L.005 (Attachment L). The motion
Moved amendment L.006 (Attachment M). The motion
Moved amendment L.007 (Attachment N). The motion
Moved amendment L.008 (Attachment O). The motion
Moved amendment L.009 (Attachment P), as amended.
Moved an amendment to amendment L.009 addressing i
Moved an amendment to amendment L.009 to make reco
Refer Senate Bill 09-163, as amended, to the Commi
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS



04:15 PM -- Senate Bill 09-163

Senators King and Hudak, sponsors of Senate Bill 09-163, presented the bill to the committee. The bill repeals, reenacts, and amends the "Educational Accreditation Act of 1998" to align accountability and accreditation systems into a single system that meets federal standards. It sets forth accountability duties and procedures for the State Board of Education, the Commissioner of Education and the Colorado Department of Education (CDE), school districts and the State Charter School Institute, district and school accountability committees, and schools.


04:24 PM

Richard Wenning and Kady Dodds from the CDE came to the table to speak to the bill and to respond to committee questions.


04:27 PM

The following persons testified:


04:27 PM --
Scott Groginsky, representing the Colorado Children's Campaign, testified in support of the bill. He said the campaign supports the bill, but expressed some concerns, including a concern about the bill doing away with several reporting requirements contained in current law. He also said it is important to provide paper copies of accountability reports for parents who do not have internet access. He thanked the sponsors and the CDE for their leadership on these issues.


04:30 PM --
Elliot Asp, representing the Cherry Creek Schools and the Colorado Association of School Executives (CASE), testified in support of the bill. He said the bill incorporates many concepts advocated by the Cherry Creek School District and CASE over the past several years. Dr. Asp talked about the School Accountability Report (SAR), and expressed issues with it. He talked about the growth model and said CASE has been pushing for a single, integrated accountability system. Dr. Asp said the bill has a number of very positive aspects, and he summarized those. He said the focus in the bill is helping school districts improve. Dr. Asp talked about the development of academic improvement plans, and expressed concerns with language in the bill giving accountability committees duties with regard to developing plans. Dr. Asp talked about a parent survey with regard to SARs. In conclusion, he said CASE strongly supports the bill with some changes.


04:38 PM

Dr. Asp responded to committee questions, beginning with a question from Senator King about the development of performance plans. Dr. Asp clarified his earlier remarks on this topic, telling Senator King who he believes should approve the plans. Discussion between Senator King and Dr. Asp on issues around the development and approval of performance plans ensued. Senator Hudak spoke to the issue as well, providing clarification to questions around the performance plans and improvement and turnaround plans, saying she believes the amendments address the issues he raises.


04:45 PM

Conversation between Dr. Asp and the bill sponsors continued. Senator King clarified that final accountability would rest with the local board of education. Senator Hudak discussed the manner in which school districts are held accountable and the focus of the performance plan. Dr. Asp clarified his point of view and the discussions that his district has with parents. He spoke to the role of the school accountability committee and principals. Senator Hudak responded to Dr. Asp's comments and underscored her views of the principals' role in the plan.


04:51 PM

Senator Heath commented on language addressing the school accountability committee. Senator King said that the goal is a "bottom up" participation in addressing the issues at low-achieving schools. Conversation between Senators King and Spence on this issue ensued. Senator Hudak clarified that the term "performance plan" is used only for schools that are doing well. Schools that are struggling, she said, would not have a performance plan, but rather an improvement or turnaround plan. She said the school board gets involved when an improvement plan is needed.


04:59 PM

Committee discussion on the creation of the plan continued. Senator Hudak clarified the role of the accountability committee, the school board, and the review board.


05:02 PM --
William Bregar, representing the Colorado Association of School Boards (CASB), testified. He noted that CASB has not taken a position on the bill, but said CASB would likely take a position of support. He said he hopes that technical support offered under the bill becomes a reality. Mr. Bregar said CASB would offer any technical support from a school board perspective with regard to the bill.

Mr. Bregar responded to questions and comments from the committee.


05:07 PM --
Vicki Newell, representing Colorado PTA, testified in support of the bill. She said talked about parental involvement and its importance.


05:08 PM

Julie Pelegrin, Office of Legislative Legal Services, came to the table to respond to committee questions about the amendments that the sponsors would offer (amendments L.001 through L.008) and discussed whether any of the amendments would conflict with amendment L.009. Senator Heath said that he does not want accountability committees to create plans, rather to advise on the plans. Senator Hudak agreed, saying the intent is not for the accountability committee to create the plans. Committee discussion on this issue ensued.

5:14 PM

Ms. Pelegrin said amendment L.001 makes various changes to the legislative declaration and definitions.
BILL:SB09-163
TIME: 05:14:47 PM
MOVED:King K.
MOTION:Moved amendment L.001 (Attachment H). The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090219AttachH.pdf

5:15 PM

Ms. Pelegrin explained that amendment L.002 is broad authority given to the department and fixes a drafting error about student identifiers. She said the amendment also addresses an issue around procurement and funding. She responded to committee questions about the amendment.

BILL:SB09-163
TIME: 05:15:49 PM
MOVED:Hudak
MOTION:Moved amendment L.002 (Attachment I). The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090219AttachI.pdf

5:17 PM

Ms. Pelegrin said amendment L.003 addresses performance indicators, school restructuring, and data publishing. Ms. Pelegrin responded to committee questions about the amendment. Dr. Wenning came to the table to address some committee questions around the state review panel. Committee discussion on the panel ensued.
BILL:SB09-163
TIME: 05:17:54 PM
MOVED:King K.
MOTION:Moved amendment L.003 (Attachment J). The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090219AttachJ.pdf

5:22 PM

Ms. Pelegrin said amendment L.004 clarifies language around the plans, and it also changes processes with regard to improvement and priority improvement plans. The committee discussed the amendment and how it would interact with amendment L.009.
BILL:SB09-163
TIME: 05:22:02 PM
MOVED:Hudak
MOTION:Moved amendment L.004 (Attachment K). The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090219AttachK.pdf
BILL:SB09-163
TIME: 05:24:16 PM
MOVED:King K.
MOTION:Moved amendment L.005 (Attachment L). The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090219AttachL.pdf

5:24 PM

Ms. Pelegrin explained that amendment L.006 clarifies language around longitudinal growth and clarifies reporting of growth.
BILL:SB09-163
TIME: 05:24:55 PM
MOVED:Hudak
MOTION:Moved amendment L.006 (Attachment M). The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090219AttachM.pdf

5:26 PM

Ms. Pelegrin said amendment L.007 makes conforming amendments.
BILL:SB09-163
TIME: 05:26:26 PM
MOVED:King K.
MOTION:Moved amendment L.007 (Attachment N). The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090219AttachN.pdf

5:27 PM

Ms. Pelegrin explained that amendment L.008 conforms the bill with Senate Bill 09-090. Senator Hudak provided clarification on the amendment as well
BILL:SB09-163
TIME: 05:27:19 PM
MOVED:Hudak
MOTION:Moved amendment L.008 (Attachment O). The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090219AttachO.pdf

5:30 PM

Ms. Pelegrin explained amendment L.009, saying it refers to performance and improvement plans, putting them on the same level as the other plans with regard to who makes recommendations. Conversation between Senator Spence and Ms. Pelegrin ensued about an amendment to amendment L.009.

5:31 PM

The committee discussed the amendment with Ms. Pelegrin. Dr. Wenning came to the table to speak to the amendment as well. Conversation between Senator Spence and Dr. Wenning on the amendment ensued. Senator King expressed concerns about the amendment. He said the local board should spend more time on the lower performing schools. He suggested taking performance plans out of the amendment.

5:39 PM

Committee discussion of L.009 continued, with Ms. Pelegrin providing clarification. Senator Hudak suggested that Senator Spence might want to make her amendment to the provisions relating to improvement plans. The committee discussed the issues in amendment L.009.

5:43 PM

Tonette Salazar, representing the Colorado Association of School Executives (CASE), came to the table to speak to the amendment, explaining that the intent is to keep the focus on schools in the bottom two tiers. Senator King made a suggestion to make the amendment meet the intent. Discussion between Ms. Salazar, Ms. Pelegrin, and the committee ensued.

BILL:SB09-163
TIME: 05:53:07 PM
MOVED:Spence
MOTION:Moved amendment L.009 (Attachment P), as amended. The motion passed without objection.
SECONDED:
VOTE
Groff
Excused
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


090219AttachP.pdf
BILL:SB09-163
TIME: 05:52:30 PM
MOVED:King K.
MOTION:Moved an amendment to amendment L.009 addressing institute charter schools. The motion passed without objection.
SECONDED:
VOTE
Groff
Excused
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-163
TIME: 05:50:20 PM
MOVED:Spence
MOTION:Moved an amendment to amendment L.009 to make recommendations about the plan to the principal and district superintendent instead of the local school board. The motion passed without objection.
SECONDED:
VOTE
Groff
Excused
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

BILL:SB09-163
TIME: 05:53:24 PM
MOVED:Heath
MOTION:Moved a conceptual amendment to the bill changing "recommend" to "advise" as it relates to accountability committees and performance plans. The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-163
TIME: 05:54:28 PM
MOVED:King K.
MOTION:Refer Senate Bill 09-163, as amended, to the Committee on Appropriations. The motion passed on a 7-0-1 vote.
SECONDED:
VOTE
Groff
Excused
Heath
Yes
Hudak
Yes
King K.
Yes
Scheffel
Yes
Spence
Yes
Romer
Yes
Bacon
Yes
Final YES: 7 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS




05:54 PM

The committee adjourned.